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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-30-1 Definitions.
Where appearing in this act, the term "governor" includes
any person performing the functions of governor by authority
of the law of this state. The term "executive authority"
includes the governor and any person performing the functions
of governor in a state other than this state. The term "state,"
referring to a state other than this state, includes any
other state or territory, organized or unorganized, of the
United States of America.
1980
77-30-2 Duty of governor to deliver person charged with crime upon demand by other state.
Subject to the provisions of this act, the provisions
of the Constitution of the United States controlling, and
any and all Acts of Congress enacted in pursuance thereof,
it is the duty of the governor of this state to have arrested
and delivered up to the executive authority of any other
state of the United States any person charged in that state
with treason, felony or other crime who has fled from justice
and is found in this state.
1980
77-30-3 Form of demand - What documents presented must show.
No demand for the extradition of a person charged with
a crime in another state shall be recognized by the governor
unless in writing alleging, except in cases arising under
Section
77-30-6
, that the accused was present in the demanding
state at the time of the commission of the alleged crime,
and that thereafter he fled from the state, and accompanied
by a copy of an indictment found or by information supported
by affidavit in the state having jurisdiction of the crime,
or by a copy of an affidavit made before a magistrate there,
together with a copy of any warrant which was issued thereupon
or by a copy of a judgment of conviction or of a sentence
composed in execution, together with a statement by the executive
authority of the demanding state that the person claimed
has escaped from confinement or has broken the terms of his
bail, probation or parole. The indictment, information or
affidavit made before the magistrate must substantially charge
the person demanded with having committed a crime under the
law of that state and the copy of the indictment, information,
affidavit, judgment of conviction or sentence must be authenticated
by the executive authority making the demand.
1980
77-30-4 Governor may investigate demand.
When a demand shall be made upon the governor of this
state by the executive authority of another state for the
surrender of a person so charged with a crime, the governor
may call upon the attorney general or any prosecuting officer
in this state to investigate or assist in investigating the
demand, and to report to him the situation and circumstances
of the person so demanded, and whether he ought to be surrendered.
1980
77-30-5 Extradition for prosecution before conclusion of trial or term in other state - Return of person involuntarily leaving demanding state.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The governor of this state may also surrender on demand
of the executive authority of any other state any person
in this state who is charged in the manner provided in Section
77-30-23
with having violated the laws of the state
whose executive authority is making the demand, even though
such person left the demanding state involuntarily.
1980
77-30-6 Extradition for crime committed in another state by person while in this state.
The governor of this state may also surrender, on demand
of the executive authority of any other state, any person
in this state charged in such other state, in the manner
provided in section
77-30-3
, with committing an act in this state, or in
a third state, intentionally resulting in a crime in the
state whose executive authority is making the demand, and
the provisions of this act not otherwise inconsistent shall
apply to such cases even though the accused was not in that
state at the time of the commission of the crime, and has
not fled therefrom.
1980
77-30-7 Governor's warrant of arrest - Recitals.
If the governor decides that the demand should be complied
with he shall sign a warrant of arrest, which shall be sealed
with the state seal, directed to any peace officer or other
person whom he may think fit to entrust with the execution
thereof. The warrant must substantially recite the facts
necessary to the validity of its issuance.
1980
77-30-8 Execution of warrant of arrest.
Such warrant shall authorize the peace officer or other
person to whom directed to arrest the accused at any time
and any place where he may be found within the state and
to command the aid of all peace officers or other persons
in the execution of the warrant, and to deliver the accused,
subject to the provisions of this act to the duly authorized
agent of the demanding state.
1980
77-30-9 Authority of officers under warrant of arrest.
Every such peace officer or other person empowered to
make the arrest shall have the same authority in arresting
the accused, to command assistance therein, as peace officers
have by law in the execution of any criminal process directed
to them, with like penalties against those who refuse their
assistance.
1980
77-30-10 Time to apply for habeas corpus allowed.
No person arrested upon such warrant shall be delivered
over to the agent whom the executive authority demanding
him shall have appointed to receive him unless he shall first
be taken forthwith before a judge of a court of record in
this state who shall inform him of the demand made for his
surrender and of the crime with which he is charged and that
he has the right to demand and procure legal counsel and
if the prisoner or his counsel shall state that he or they
desire to test the legality of his arrest, the judge of such
court of record shall fix a reasonable time to be allowed
him within which to apply for a writ of habeas corpus. When
such writ is applied for, notice thereof and the time and
place of hearing thereon shall be given to the prosecuting
officer of the county in which the arrest is made and in
which the accused is in custody, and to the said agent of
the demanding state.
1980
77-30-11 Penalty for disobedience of habeas corpus.
Any officer who shall deliver to the agent for extradition
of the demanding state a person in his custody under the
governor's warrant, in willful disobedience to Section
77-30-10
, shall be guilty of a misdemeanor and on conviction
shall be fined not more than $1,000 or be imprisoned in the
county jail not more than six months, or both.
1995
77-30-12 Officers entitled to use local jails.
The officer or persons executing the governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner
may have been delivered following extradition proceedings
in another state, or to whom a prisoner may have been delivered
after waiving extradition in such other state, and who is
passing through this state with such a prisoner for the purpose
of immediately returning such prisoner to the demanding state
may, when necessary, confine the prisoner in the jail of
any county or city through which he may pass, and the keeper
of such jail must receive and safely keep the prisoner until
the officer or agent having charge of him is ready to proceed
on his route, such officer or agent being chargeable with
the expense of keeping; provided, such officer or agent shall
produce and show to the keeper of such jail satisfactory
written evidence of the fact that he is actually transporting
such prisoner to the demanding state after a requisition
by the executive authority of such demanding state. Such
prisoner shall not be entitled to demand a new requisition
while in this state.
1980
77-30-13 Fugitives from justice - Warrant of arrest.
Whenever any person within this state shall be charged
on the oath of any credible person before any judge or magistrate
of this state with the commission of any crime in any other
state, and, except in cases arising under Section
77-30-6
that he has fled from justice, or with having
been convicted of a crime in that state and having escaped
from confinement, or having broken the terms of his bail,
probation or parole, or whenever complaint shall have been
made before any judge or magistrate in this state setting
forth on the affidavit of any credible person in another
state that a crime has been committed in such other state
and that the accused has been charged in such state with
the commission of the crime, and except in cases arising
under Section
77-30-6
, has fled from justice, or with having been
convicted of a crime in that state and having escaped from
confinement, or having broken the terms of his bail, probation
or parole, and is believed to be in this state, the judge
or magistrate shall issue a warrant directed to any peace
officer commanding him to apprehend the person named therein,
wherever he may be found in this state, and to bring him
before the same or any judge, magistrate or court who or
which may be available in or convenient of access to the
place where the arrest may be made, to answer the charge
or complaint and affidavit, and a certified copy of the sworn
charge or complaint and affidavit upon which the warrant
is issued shall be attached to the warrant.
1980
77-30-14 Arrest without warrant.
The arrest of a person may be lawfully made also by any
peace officer or a private person without a warrant upon
reasonable information that the accused stands charged in
the courts of a state with a crime punishable by death or
imprisonment for a term exceeding one year, but when so arrested
the accused must be taken before a judge or magistrate with
all practicable speed and complaint must be made against
him under oath setting forth the ground for the arrest as
in Section
77-30-13
, and thereafter his answer shall be heard as
if he had been arrested on a warrant.
1995
77-30-15 Commitment pending arrest under warrant of governor.
If from the examination before the judge or magistrate
it appears that the person held is the person charged with
having committed the crime alleged, and, except in cases
arising under Section
77-30-6
that he has fled from justice, the judge or
magistrate must, by a warrant reciting the accusation, commit
him to the county jail for such a time not exceeding thirty
days and specified in the warrant as will enable the arrest
of the accused to be made under a warrant of the governor
on a requisition of the executive authority of the state
having jurisdiction of the offense, unless the accused gives
bail as provided in the next section or until he shall be
legally discharged.
1980
77-30-16 Amount of bail.
(1) Except as provided in Subsection (2), a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties and in an amount he considers proper, conditioned for his appearance before him at a time specified in the bond and for his surrender, to be arrested upon the warrant of the governor of this state.
(2) A person arrested under Section 77-30-13 shall be admitted to bail as a matter of right, except the court has discretion to deny bail as provided in Utah Constitution Article I, Section 8, and when a judge or magistrate in the demanding state has ordered that the person charged be held without bail or the person has waived extradition.
(3) There is a rebuttable presumption that the bail set
by the court or magistrate in the demanding state is the
proper amount of bail in this state.
1997
77-30-17 Procedure when no arrest made under warrant of governor.
If the accused is not arrested under warrant of the governor
by the expiration of the time specified in the warrant or
bond, a judge or magistrate may discharge him or may recommit
him for a further period not to exceed sixty days, or a judge
or magistrate may again take bail for his appearance and
surrender, as provided in Section
77-30-16
, but within a period not to exceed sixty days
after the date of such new bond.
1980
77-30-18 Forfeiture of bail.
If the prisoner is admitted to bail and fails to appear
and surrender himself according to the conditions of his
bond the judge or magistrate by proper order shall declare
the bond forfeited and order his immediate arrest without
warrant if he be within this state. Recovery may be had on
such bond in the name of the state as in the case of other
bonds given by the accused in criminal proceedings within
this state.
1980
77-30-19 Procedure if prosecution pending in this state.
If a criminal prosecution has been instituted against
such person under the laws of this state and is still pending
the governor, in his discretion, may either surrender him
on demand of the executive authority of another state or
hold him until he has been tried and discharged or convicted
and punished in this state.
1980
77-30-20 Governor not to inquire into guilt or innocence.
The guilt or innocence of the accused as to the crime
of which he is charged in another state may not be inquired
into by the governor or in any proceeding after the demand
for extradition accompanied by a charge of crime in legal
form as above provided shall have been presented to the governor,
except as it may be involved in identifying the person held
as the person charged with the crime.
1980
77-30-21 Governor's warrant of arrest recalled or another issued.
The governor may recall his warrant of arrest or may issue
another warrant whenever he deems proper.
1980
77-30-22 Fugitives from this state - Issuance of governor's warrant.
Whenever the governor of this state shall demand a person
charged with a crime or with escaping from confinement or
breaking the terms of his bail, probation, or parole in this
state from the executive authority of any other state or
from the chief justice or an associate justice of the superior
court of the District of Columbia authorized to receive such
demand under the laws of the United States, he shall issue
a warrant under the seal of this state to some agent, commanding
him to receive the person so charged if delivered to him
and convey him to the proper officer of the county in this
state in which the offense was committed.
1980
77-30-23 Fugitives from this state - Applications for requisition for return.
(1) When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement, or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
(3) The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate stating the offense with which the accused is charged, or of the judgment or conviction, or of the sentence.
The prosecuting officer, parole board, warden, or sheriff
may also attach such further affidavits and other documents
in duplicate as he shall deem proper to be submitted with
such application. One copy of the application with the action
of the governor indicated by endorsement thereon and one
of the certified copies of the indictment, complaint, information,
and affidavits or of the judgment of conviction or of the
sentence shall be filed in the office of the governor to
remain of record in that office. The other copies of all
papers shall be forwarded with the governor's requisition.
1984
77-30-24 Payment of expenses - Extradition costs.
(1) When the punishment of the crime is the confinement of the defendant in prison, the expenses shall be paid out of the state treasury on the certificate of the governor and warrant of the auditor, and in all other cases they shall be paid out of the treasury of the county where the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made.
(2) Any person who is returned to the state under this
chapter, and who is convicted of, or pleads guilty or no
contest to, the criminal charge or to a lesser criminal charge
may, under Sections
76-3-201
,
77-27-5
, and
77-27-6
, be required to make restitution to the appropriate
governmental entities for the costs of his extradition.
1987
77-30-25 Person brought into state on extradition exempt from civil process - Waiver of extradition proceedings - Non-waiver by this state.
(1) A person brought into this state by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned until he has been convicted in the criminal proceedings, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
(2) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in Sections 77-30-7 and 77-30-8 , and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 77-30-10 .
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, or shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
(3) Nothing in this act shall be deemed to constitute
a waiver by this state of its right, power or privilege to
try such demanded person for a crime committed within this
state, or of its right, power or privilege to regain custody
of such person by extradition proceedings or otherwise for
the purpose of trial, sentence or punishment for any crime
committed within this state, or shall any proceedings had
under this act which result in or fail to result in extradition
be deemed a waiver by this state of any of its rights, privileges
or jurisdiction in any way whatsoever.
1980
77-30-26 Prosecution not limited to crime specified in requisition.
After a person has been brought back to this state by
or after waiver of extradition proceedings he may be tried
in this state for other crimes which he may be charged with
having committed here as well as that specified in the requisition
for his extradition.
1980
77-30-27 Uniformity of interpretation.
The provisions of this act shall be so interpreted and
construed as to effectuate its general purposes to make uniform
the law of those states which enact it.
1980
77-30-28 Citation - Uniform Criminal Extradition Act.
This act may be cited as the Uniform Criminal Extradition
Act.
1980
